Four AIDS activists were charged with the illegal distribution of narcotics. The “necessity” defense was advised through expert testimony. In order to successfully use the necessity defense, the defendant:
- Reasonably believes there was a threat that required immediate action
- Had no realistic alternative to completing the criminal act
- Did not contribute to or cause the threat
Additionally, the harm caused by the defendant’s acts must not be greater than the harm avoided. After making an argument that clean needles saved intravenous drug users’ lives, a Jersey City judge found all defendants “not guilty.” Contact us at (201) 801-4334.
